The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-05-12
ELMER CLARK'S TRIAL
FOR THE MURDER OF WIN. o,NEAL

Begun In Part II OF tho Circuit Court Ycster.
day-A large Number of Witnesses Ex.
nmincd-The Defense will try to Prove
the Dead Man tho AgCressor.
Yesterday in Part II OF the Circuit
Court, before Judge Jacob, the trial OF
Elmer CLARK for murder in the first de.
gree was begun. Some time was spent In
securing twelve Jurors TO try the case.
Nine Of the twenty.eight originally In the
panel wore excused upon their avowinr
conscientious scruples which might pre-.
vent their returning verdict Of guilty in
case tho penalty would DO death, or for
other disabling reasons. The Jury finally
sworn for the csuo Is composed Of Casper
He'll, John Smith, NJ. w. Amick, W. A.
Higgs, W. K, Hanna, Thomas E. McCord,
Jacob Kindleburger, John Daler, Henry
schaiIer, Christian Vierheller, Robert s.
Agnew and Hiram Young.
Clark is accused Of killing VIM. O'Neal
at Elm Grove on the afternoon Of March
. last, with malice prepenBs and alore-
thought. This constitutes murder in tho
frat degree. II the jury finds the prisoner
guilty as charged III tho Indictment, the
penalty Ia either death by hanging or i'm.
prisonment In tho penitentiary for life,
at the option Of the jury. II verdict OF
murder In the second degree or voluntary
granddaughter is returned, however, the
penalty ia imprisonment in the peniten-
tiary for term Of years 10 be fixed by the
court.
Prosecuting Attorney Jordan ia assisted
in tho conduct OF the CaBo for tho State by
Capt. .. 3. Dovener, who was employed
by the frlendH OF the murdered man. The
defense Is represented by John 0. pendle-
ton and Col. w. w. Arnett. l..
In opening the cane Tor tho prosecution,
MIR. Jordan said that tho State expected to
provo that tho murder was premeditated
and cold blooded enet and that the &C.
cpssd had threatened TO take tho lie OF
the dead man.
.I THE DEFENSE,
In his statement to the jury on behalf
Of Clark, Mr.. Pendleton said the defense
would provo that Elmer Clark formerly
lived in Washington,' Pa, and came 10
this city Two years ego, where he fell in
lovo with female atAnnie Keim's sport
ing houee on Twenty.frst street and final
ly married her, moving to Washington,
Pa. ~ II 90 % :
William O'Neal, the man killed by
Clark, was lover Of the latter's wife, and
made threats against both Clark and his
wife when he heard Of the marriage.
About O year ago O'Neal went to Wash
iagton, Pa, 10 see Mrs. Clark, and after he
left She informed her husband, who
looked aor O'Neal but could not find him.
Shortly before the shooting occurred
O'Neal went to tho house of AMMO Keim,
where he told the madame that no had
found that Clark wns living ut Elm Grove
and wa0 going out there. y
She told him that Clark had sant him a
meSsaga that 10 would kill him or any
other man he found about his premises.
O'Neal laughed and said that Mrs. Clark
had q photograph Of his, and that he
would make the occurring Of the picture an
excuse in case he met Clark. .-#J
On being again warned O'Neal laughed
and said he would 20 prepared, and id
Clark killed him he would give him credit
ior it. The circumstances OF the visit
we're then detailed, including statement
that ONecl had made threats about Clark
which were repeated to the latter, and
openly used vile epithets to him and his
wife before the shooting begun. It was
further asserted that CLARK frat asked
O'Neal to aettle the fight without weapons
and handed his pistol to friend standing
near, and only snatched 1t back again and
commenced firing when O'Neal drew and
presented hia piotol at him.
Clars's pies, as outlined by this state
ment, is thst he acted in self defense, and
that the killing was justi6abls homicide. |
THE WITNESSES EXAMINED.
Drs. storer, Cracraft and Reed Baird
wero then put on the stand by the State,
and testified as to the character OF /
O'Neals wounds, and that tho shots fred |
by Clark caused bis. death. William |
Webster, colored, who witneRaed the |
shooting from distance, repeated the |
testimony he gave before the coroner's
jury, to the effect that after Clark fred |
the frat time, O'Nesl turned to run. The |
second shot WIS fired at his back, and he |
teil 1o1 mn4uy Mueu Slhlh dppIOACQeQ LlIl !
he stood just over the PROSTATE body, and |
fired the third shot. ,,..-
NIrs. Hannah Shilling, Mrs. Lena Pow.
ell and J. N. Butler also testified for the
State. The last named said O'Neal pro-
posed to CLARK to throw down his pistol, |
when he would give his to bystander,
and they would fight it out. Instead Of
doing 80, Clark fred.
Samuel Knight was also an eye witness.
He testified that O'Neal had both his
hands down By hia side when Clark first
fred. II he was armed the witness did |
not see his weapon.
Frank Martin, Harry Chambers, Con-
stable Thornburg and Mrs. Ann Keim
were examined. and court adjourned till !
to-day Mrs. keim told Of threats Clark |
had made against O'Neal.
It is expected that the case will consume
al! OF the next two days before it is sub
mitted to the jury. t
A MEETING in the interest OF Social Puri- |
ty and White Gross work will be held this |
afternoon at o'clock, in the yestry Of the |
First Presbyterian Church, TO which all |
ladies are invited, especially mothers.
Mira. Johnson, State President Of the /